Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54108
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8351 of 2025 Virendra Sidar S/o Laxmi Prasad Sidar Aged About 20 Years R/o Jorapali, P.S. Kotra Road, District- Raigarh (C.G.)
... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Kotra Road, District- Raigarh (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Aseem Bhagwat Gopal, Advocate For Respondent(s) : Mr. Ajit Singh, G.A.
Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 04/11/2025
1. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 488/2024, registered at Police Station Kotra Road, District- Raigarh (CG) for the offence punishable under Section 376(3) of IPC and Sections 4 and 6 of POCSO Act, 2012. 2
2. The First Bail Application bearing MCRC No. 849 of 2025 was dismissed as withdrawn by this Court vide order dated
13.02.2025. 3. The prosecution story in brief, is that, on 06.12.2024, the father of the victim lodged complaint before the Police Station- Kotra Road, Raigarh stating that his daughter victim used to go to school at 11 a.m. and return home at 5 p.m. but on the relevant day, she was not going to school due to ill health and vomiting. Then, the complainant and his wife took their daughter victim for health check up where after physical examination and urine test of the victim girl, the doctor found that the victim was 4 months pregnant. 4. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further contended that the consent for DNA profiling of the foetus, victim and the applicant, which could be the material evidence for finding truth of the case, was deliberately not given, and; even and otherwise, the court failed to direct the authorities for conducting DNA profiling in the interest of justice. The applicant is in jail since 07.12.2024, charge sheet has been filed and conclusion of the trial will take some time. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that all the evidences are against the
3 applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7.
Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Virendra Sidar involved in Crime No. 488/2024 under Section 376(3) of IPC and Section 4 and 6 of POCSO Act, 2012 at Police Station- Kotra Road, District- Raigarh, Chhattisgarh, is rejected. 8. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima